My unique professional background makes me a go-to arbitrator in cross-border disputes.
Let me set out why.
I have worked on 3 continents as a judge & arbitrator, arbitration attorney and in-house counsel.
I am therefore familiar with every perspective when it comes to dealing with disputes: as the court, as counsel and as the client.
I am qualified in civil law and common law and have an LLM in Dutch Law, US Law and a Texas bar license.
And have a proper understanding of the different expectations that parties may have in cross-border disputes because of their different legal and cultural backgrounds.
Am known for well-managed, efficient, and fair proceedings and for writing well-reasoned awards.
Last but not least, I love my work and am highly motivated to resolve disputes. Let me help you in resolving yours.
Procedure
A well-run and efficient arbitration procedure starts with laying the right foundation. This is how I usually lay the foundation as arbitrator:
Team work
When I’m part of a tribunal, I always invest in good dynamics with my tribunal members.
I also invest in a good working relationship between parties and the tribunal. I do this by being responsive, respectful, open minded, fair and decisive.
Resolution of the dispute
Arbitration is a last-resort method to resolve a dispute and is mostly only initiated when parties have not been able to settle their dispute. As arbitrator, I will help parties to resolve their dispute in a final, fair and efficient way.
The usual way to do this is to render a well-reasoned award that clearly sets out which party prevails and for which reasons that is the case.
Parties may however also be able to settle their dispute during an arbitration procedure. Often, these settlements take place outside of the view of an arbitral tribunal. Arbitral tribunals can however also play a role in facilitating settlements. I usually put the topic of settlement on the CMC agenda to discuss with parties what their views are in this area and whether the tribunal can play a role in any way at some point of the procedure.
In my Dutch court practice, I helped many parties to reach a settlement at (or shortly after) a hearing.
I sometimes did that by giving a preliminary view on certain disputed issues so parties could make a better risk assessment of their case. When both parties are open for this, giving preliminary views in arbitration is an option as well.
Please see the 2023 ICC report on Facilitating Settlements, for more information on what a tribunal can do to facilitate settlements.
She is very hands-on and responsive and has a thorough understanding of the procedural issues at hand. Marieke led our hearing and examination of witnesses in a pleasant, fair and impartial manner.
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Marieke writes well-reasoned and structured awards and has an eye for detail. She is able to handle big, complex cases and to maintain an overview of all relevant facts and legal issues.
Marieke is a hard worker who manages her cases very well.
She is a power house.
Marieke prepares herself well for her hearings. As a chair, she leads the hearing in a structured, calm way and she makes sure that parties feel at ease during the hearing and are heard.
Marieke managed to guide us to consensus on the decisions to be issued in the case in a very professional, respectful and pleasant manner.
Ms Witkamp handled our case very well during the hearing and wrote a clear and well motivated award that gave parties clarity on the legal issues they were looking for.
